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Help for legal advice!
In this case, I think the court was inappropriate on at least the following points:
1. Your father is right to apply for compulsory execution. In this case, The court should execute it immediately, and the execution money should be returned to your father immediately instead of being deposited in the court (doing so is a serious violation of the law!).
2. From a procedural point of view, I think the court’s approach is a bit confusing: your father and the company have reached a mediation agreement and it has been recognized by the court. This has a legal basis. If the company does not want to fulfill it, the court will The company has the right to enforce performance. If the company does not want to be enforced, it can only file a retrial procedure (provided that the company must prove that the mediation agreement between your father and the company violated the procedures or violated the wishes of the company itself, and for these, the burden of proof is on enterprise), otherwise, the court cannot stop execution casually.
3. Later, the company came back and told you that this should be dealt with in another case. It was not even a counterclaim. Even if it was a counterclaim, if a counterclaim was filed after the second instance, the court should tell you to file a separate lawsuit instead. accepted. From your description, I feel that the court's approach is illegal from a procedural perspective.
3. Regarding the issue of whether your father should bear financial compensation, my opinions are as follows: First of all, in the event of such an accident, the first person to compensate the victim must be the company, not your father. , unless it is proven that your father was intentional or grossly negligent. Of course, this requires defense by a lawyer and how the court determines it. I personally feel that your father may have been at fault, but it may not be considered a "gross negligence". The company itself also bears considerable responsibility.
4. Provide some solution suggestions: There is little chance of bringing this matter to the original court for retrial. Unless the president of the court is "moved", I think it should be submitted to a higher court. Appeal. . . Initiate retrial proceedings. From a procedural perspective, it must be this way.
5. Of course, the above analysis is purely from a legal perspective. It may be that in real life, how much influence does the law have? Is it too much to be favored? This is beyond our control, we can only say: Take care, brother. . .
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